Terms and Conditions
This document contains the general terms and conditions on the basis of which the use of the FOOLISH DI BOSCARATO ALESSANDRO website is offered to users, which offers Hyper-realistic synthetic skin for the practice of tattooing and permanent make-up.
- DefinitionsTo enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the following meanings:
- Holder: ALESSANDRO BOSCARATO, Via delle Rosine, 18, 10023 TURIN, Fiscal Code BSCLSN82M20C627H, VAT number 12475480013, PEC address firstname.lastname@example.org
- Application: the FOOLISH DI BOSCARATO ALESSANDRO website
- Products: the products provided to the user by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out
- Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of their business, commercial, craft or professional activity
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
- Detailed information on the offer of the Application The Application provides Users with Hyper-realistic synthetic skin for the practice of tattooing and permanent make-up produced in Italy, the production method is 100% handmade and each piece produced is carefully examined before being sent to the final customer . The artisanal production allows a 360° personalization of each product.
- Scope of the Terms Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services. The Conditions may be modified at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product. Before using the Application, the User must read the Conditions carefully and save or print them for future consultation. The Owner reserves the right to vary at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions .
- Purchase or supply request through the Application All the Products offered through the Application are described in detail in the relative product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. Purchases and/or requests for supply of one or more Products through the Application are permitted both for Consumer Users and for non-Consumer Users. purchases and/or supply requests are permitted only on condition that they are of age. For minors, every purchase and/or request for supply of Products through the Application must be examined and authorized by the parents or those exercising parental responsibility. The offer of Products through the Application constitutes an invitation to offer and the order sent by The User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and/or reason. The contract for the sale or supply of the Products is understood to be concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, in which the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee. The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point. In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, of the relative confirmation and conditions.
- Prices and payments The price inclusive of VAT, if due, is indicated for each Product. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated. In addition, all possible taxes, additional costs and delivery costs will be indicated, which may vary according to the destination, the delivery method chosen and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to modify, at any time, the price of the Products and any additional costs . It is understood that any price changes will in no case affect the contracts already concluded before the change. The User undertakes to pay the price of the Product in the times and in the manner indicated in the Application and to communicate all the necessary data that may be requested. 'Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.). Should these third-party tools deny the payment authorization, the Owner will not be able to supply the Products and will not be held responsible in any way.
- Billing The user who wishes to receive an invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be used as proof, releasing the Owner from any and all indemnity in this regard.
- Methods of delivery of material Products The material Products and/or digital goods supplied on a material medium will be delivered to the address indicated by the User, in the manner and within the time limit chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge. In the event that it is not possible to supply the requested Products, it will be timely notice by e-mail to the User, with an indication of when it is expected to be able to deliver them or the reasons which make the supply impossible. If the User does not intend to accept the new term or delivery has become impossible, he may request the refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the refund request. Upon receipt of the Product, the The user is required to check compliance with the order placed as well as the integrity of the packaging. In the event that there are evident damages to the packaging and/or to the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products. The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of execution of the contract due to force majeure.
- Exclusion of the right of withdrawal of non-consumer users The non-consumer user is not granted the right of withdrawal from the contract for the sale or supply of the products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-consumer User, for whom the right of withdrawal is not envisaged.
- Right of withdrawal of Consumer Users from the purchase of material Products Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within the term of 30 days starting from the date of receipt of the Product , by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration. In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the 30-day term for exercising the right to withdrawal takes effect from the day on which the last Product was received. In the event of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated the his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it. In the event of a correctly exercised withdrawal, the Owner will reimburse the payments received from the User, in the same payment methods used by the 'User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his wish to withdraw from the contract. The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner. The Owner, unless he has offered to collect the Product himself, can withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back. The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic alterations or superficial, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
- Exclusion of the Consumer User's right of withdrawal The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:
- to the supply of tailor-made or clearly personalized products
- to the supply of Products which are liable to deteriorate or expire rapidly
- Optional form to exercise the right of withdrawal The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the withdrawal period expires:I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which the order was placed: ____________________
- Guarantee of material products for non-consumer usersIn relation to material products, non-consumer users will be subject to guarantees for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations (articles 1490 and following of the civil code).
- Guarantee of conformity of material Products for Consumer Users The legal guarantee of conformity is recognized, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity. The legal guarantee of conformity is reserved for Consumer Users only. The Owner is obliged to deliver compliant Products to the Consumer User to the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
- they are suitable for the use for which goods of the same type are normally used
- they comply with the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model
- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, particularly in advertising or on labeling
- they are also suitable for the particular use desired by the Consumer User and that it has been brought to the attention of the Owner at the time of the conclusion of the contract and that the Owner has also accepted for conclusive facts.
- Industrial and Intellectual Property Rights The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or registered and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by the laws in force on trademarks and by the related international treaties. The Conditions do not grant the User any license of use relating to individual contents and/or materials available therein, unless otherwise regulated. Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the Owner's intellectual and industrial property rights.
- Warranty disclaimer The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that will never have interruptions or will be free of errors or that it will be free of viruses or bugs. The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason , the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the Owner's will or due to force majeure events.
- Limitation of Responsibility The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond his control or that of his suppliers. The Owner will also not be responsible regarding damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, the User having the right only to the eventual full refund of the price paid and any accessory charges incurred. The Owner does not assume no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, owner's name, password, etc.) The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the breach of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
- Force majeure The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur. The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
- Links to third party sites The Application may contain links to third party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites/applications. Some of these links may refer you to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Privacy The protection and processing of personal data will take place in accordance with the Privacy Information which can be consulted on the page ____________________
- Applicable law and competent court The Conditions are subject to Italian law. For non-Consumer users, for any dispute relating to the Application, execution and interpretation of these Conditions, the jurisdiction of the place where the Owner is located is competent. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to bring proceedings before a different judge from that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code. Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/